Supermarket Accident Claim*
If you attend a supermarket to do your shopping, the supermarket in question owes every customer/visitor a duty of care. This duty of care should provide each customer with a safe place to visit.

Occupiers Liability Act 1995
The above Act places an obligation on the occupier of the premises in terms of a duty owed to the visitor, which can be seen below.
An occupier of premises owes a duty of care (“the common duty of care”) towards a visitor thereto except in so far as the occupier extends, restricts, modifies or excludes that duty in accordance with section 5.
The common law duty of care means a duty to take such care as is reasonable in all the circumstances (having regard to the care which a visitor may reasonably be expected to take for his or her own safety and, if the visitor is on the premises in the company of another person, the extent of the supervision and control the latter person may reasonably be expected to exercise over the visitor’s activities) to ensure that a visitor to the premises does not suffer injury or damage by reason of any danger existing thereon.
The above ‘Duty’ imposed on the occupier of a premises is not an absolute duty in terms of the extent of obligation owed by them, but rather to carry out reasonable care and prevention steps.
Does a Supermarket have a responsibility to avoid injury to customers?
Yes.
If you attend a supermarket to do your shopping, the supermarket in question, owes every customer/visitor a duty of care. This duty of care should provide each customer with a safe place to visit.
The supermarket has a responsibility to have in place a standard of care in the supermarket that is reasonable so as to ensure that customers avoid injury.
Will the owner/operator of a Supermarket be held liable for every injury that happens in the Supermarket?
No.
A Supermarket Operator won’t be held liable in all cases where an injury has occurred. A Supermarket will be held liable if their found to have breached their duty to the customer and caused the accident. Did negligence arise that caused the injury to the person will need to be assessed.
Should I record the accident in the Supermarket Accident Report Book?
Yes.
The supermarket where you had the accident should have an Accident Report Book. If you report the accident, this documented report can form part of the evidence for your case. Your Solicitor can request this report book during your case. This can be very helpful.
Common Causes of Supermarket Accidents
- liquids, wet floors, spillages on the floor
- falling objects causing head injuries
- slippery tiled floors
- pallets on the floor
- faulty escalators
- faulty lifts
- car park collisions
Supermarket Accident* claims must be submitted to the Personal Injuries Board for assessment. A person pursuing an action should serve notice in writing to the other person within one month of the date of the accident of their intention to pursue this course of action. An application should be made to the Injuries Board by completing and submitting Form A with the application fee €45 or €90 and a medical report.
Frequently Asked Questions
How much time do you have to take a Supermarket Accident Claim* ?
If you have been injured due to the negligence of another and wish to pursue an action to recover damages, you must begin this action within 2 years of the accident in question.
This is a strict legislative rule which has an exception for exceptional circumstances only.
How can I make a Supermarket Accident Claim* ?
The injured party must bring an application to the Injuries Board. The Personal Injuries Assessment Board is a statutory body that carries out its own private, independent assessment of a persons personal injury* claim.
A purely paper-based system, it never carries out oral hearings but assesses claims with regard to medical evidence, such as the medical report furnished by the injured party to the Board.
The injured party must serve notice in writing, before the expiration of one month from the date of the cause of action, or as soon as is practicable thereafter, to the person who caused the accident outlining the nature of the wrong involved etc.
An injured party must apply to the Personal Injuries Assessment Board by filling out an Injuries Board Assessment form called Form A.
How long does it usually does it take for a Supermarket Accident Claim* ?
There is no one singular answer that can be given which works for everybody.
It depends on the individual case for many reasons, but we will give a general guide here.
Such claims must be submitted to the Personal Injuries Assessment Board for assessment. On average, claims made to PIAB are assessed within 9 months from the date the Board notifies the party who the claim is taken against.
If the case is dealt with and concluded at this point to the satisfaction of the parties, the entire timeframe could be 9 months to one year. If the matter is not dealt with by the Injuries Board, the injured party may have the option of proceeding to court to seek a Judgement from the court, which would be a longer timeframe.
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.